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Clothing Companies, Former CEO Settle False Claims Case Over False Invoices
July 29, 2021 |Penalties and Courts

Stargate Apparel, Rivstar Apparel and their former owner and CEO, Joseph Bailey, settled a False Claims Act case with the U.S. Attorney's Office for the Southern District of New York over the companies' use of inaccurate invoices to underreport their clothing imports, the Department of Justice said July 28. Under the settlement, Bailey and the New York-headquartered companies admitted to engaging in the fraudulent schemes. Bailey will pay $3.2 million while the employee stock ownership plan that owns the two companies will pay a combined $2.8 million, DOJ said. Bailey and the companies led two “double invoicing” schemes 2004-2015, according to the complaint.

Senate Confirms Patent Litigator to Federal Circuit
July 20, 2021 |Penalties and Courts

Tiffany Cunningham, partner and patent litigator at Perkins Coie, was confirmed by a Senate vote of 63-33 July 19 as circuit judge on the U.S. Court of Appeals for the Federal Circuit (see 2103300044). Cunningham will be the first Black judge in that court's history. At Perkins Coie, Cunningham is a partner in the firm's Intellectual Property practice and Patent Litigation subgroup in the Chicago office. "Tiffany is a superb and accomplished lawyer who is highly respected and regarded within and outside Perkins Coie," managing partner Bill Malley said in a press release. "We congratulate her on her groundbreaking appointment to the U.S. Court of Appeals for the Federal Circuit. We greatly appreciate all of Tiffany’s leadership and many contributions to the firm and our clients and wish her well on the next exciting chapter of her career."

CIT Drops CBP Redelivery Notice Challenge for Lack of Jurisdiction
July 20, 2021 by Jacob Kopnick|Penalties and Courts

A spice company's challenge to a $50,000 penalty for failing to export a shipment of tamarind from Mexico was dismissed from the Court of International Trade for a lack of subject matter jurisdiction, Judge Timothy Stanceu said in a July 19 opinion. CIT found that the case was untimely filed in the court and that the complaint is over a Food and Drug Administration decision merely carried out by CBP.

Topics:Court of International Trade
Federal Circuit Dismisses Country of Origin Challenge Due to Lack of Jurisdiction
July 14, 2021 by Jacob Kopnick|Penalties and Courts

The U.S. Court of Appeals for the Federal Circuit upheld a Court of International Trade ruling dismissing an importer's challenge of CBP's assessment of antidumping and countervailing duties, for improper jurisdiction, in a July 14 opinion. The Federal Circuit found that TR International Trading Company, which filed its case under the trade court's Section 1581(i) "residual" jurisdiction provision, could have instead challenged a denied protest under 1581(a) or a scope ruling under 1581(c), rendering Section 1581(i) unavailable.

Topics:Court of International Trade